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Morning Call — Senate should end standoff over law to protect journalists

Excellent journalism isn't about using anonymous sources. Almost always, a story is better and more trustworthy if everyone who provided information is clearly identified. Sometimes, however, a story that is in the public's

The Morning Call, Allentown, Pa.August 19, 2008

Excellent journalism isn't about using anonymous sources. Almost always, a story is better and more trustworthy if everyone who provided information is clearly identified. Sometimes, however, a story that is in the public's interest can only be written with an anonymous or partially identified source. When that happens, reporters ought to be protected from over-zealous prosecutors and other lawyers.

With the exception of Wyoming, every state has enacted a shield law protecting journalists from being forced to divulge anonymous or confidential information. In fact, Pennsylvania's shield law is a very good one. On the federal level, however, no such law exists.

Pennsylvania Sen. Arlen Specter has been a leader in creating and proposing the Free Flow of Information Act, which passed in the U.S. House of Representatives last October. Parliamentary roadblocks have stymied S.B. 2035 in the Senate, however. Meanwhile, the Department of Homeland Security, Attorney General Michael Mukasey, police groups and prosecutors continue to argue that such a law would inhibit their investigations.

Those opposing the bill cite two main concerns with a federal shield law. The first is that it does not clearly define who would be protected by it. The second claim calls it a risk to national security. But those concerns have been addressed and the bipartisan bill has been amended. The bill not only defines who is considered a journalist, but explicitly states that an issue of national security is a legitimate exception to require a journalist to testify or produce notes and other records.

Congress has done its deliberative duty in responding to concerns about a federal shield law. Even thought parliamentary maneuvering in the Senate continues to bog down this important law, further haggling over its contents should come do an end. Following the August recess, Senate Majority Leader Harry Reid, D-Nev. should follow Sen. Specter's lead, extricate S.B. 2035 from the parliamentary thicket, and arrange for its swift passage.